Blanchard v. State

In Blanchard v. State, No. 05-05-01194-CR (Tex. App.--Dallas Aug. 24, 2006, no pet.) (not designated for publication), Wimbish reviewed tapes of Blanchard performing field sobriety tests at both the roadside and the jail. Blanchard "demonstrated signs of intoxication on the videotape from the roadside but demonstrated no signs of intoxication on the videotape from the jail." Id. Wimbish reasoned that: (1) Blanchard's "eyes were able to converge", which should not happen if under the influence of marihuana; (2) Blanchard had horizontal gaze nystagmus, which is not caused by marihuana use. Id. He believed that Blanchard suffered from postprandial narcolepsy, having eaten a "large meal after many hours of being awake and tired", which causes drowsiness. Id. By the time he arrived at the jail, Blanchard had awakened and was able to "respond appropriately to the field sobriety tests." Id. Wimbish concluded that Blanchard was not intoxicated. See id.